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Colorado Jury Instruction - Entrapment - Evaluating Conduct of Government Agents

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This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

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FAQ

Entrapment can be a difficult defense to assert because it requires the defendant to establish that the idea and impetus for the crime was introduced by government officials, and the defendant was not already willing or predisposed to commit the crime.

The two tests of entrapment are subjective entrapment and objective entrapment. The federal government and the majority of the states recognize the subjective entrapment defense (Connecticut Jury Instruction on Entrapment, 2010).

To prove entrapment in California, the defendant must show that the government agent induced them to commit the crime and that they were not predisposed to committing the crime. Predisposition is the measure of a person's willingness to commit a crime prior to being approached by a government agent.

The subjective entrapment test is based on the defendant's state of mind. That is, the defendant must show that they were not predisposed to commit the crime and that the government played an active role in inducing them to do so. The objective entrapment test is based on the actions of the defendant.

Entrapment. [Defendant] maintains that he/she was entrapped. A person is entrapped when he/she is induced or persuaded by law enforcement officers or their agents to commit a crime that he/she was not otherwise ready and willing to commit. The law forbids his/her conviction in such a case.

A valid entrapment defense has two related elements: (1) government inducement of the crime, and (2) the defendant's lack of predisposition to engage in the criminal conduct.

The objective entrapment defense focuses on the behavior of law enforcement, rather than the individual defendant.

Entrapment is a defense to criminal charges on the basis that the defendant only committed the crime because of harassment or coercion by a government official. Without such coercion, the crime would never have been committed.

More info

I hereby reauthorize the Model Criminal Jury Instructions Committee and charge it with periodically reviewing, correcting, updating, and improving. Colorado ... Entrapment is a defense to criminal prosecution if a government agent induced a person to commit a crime which the person was otherwise unlikely to commit.These model jury instructions are written and organized by judges who are appointed to the Ninth Circuit Jury Instructions Committee by the Chief Circuit Judge. The present reformulation of the instruction on entrapment makes that clarification. Page 86. 1. S13.2. Entrapment: Evaluating Conduct Of Government Agents. by S Chakravarti · 2017 — Abstract. Jury nullification, the power of a jury to issue a not guilty verdict regardless of the evidence, is the paradigmatic open secret of the criminal ... A basic threshold issue respecting whether due process is satisfied is whether the government conduct being examined is a part of a criminal or civil proceeding ... In this chapter we discuss the role of confidential informants in FBI investigations and the rewards and risks associated with their operation. by DL CARTER · 1990 · Cited by 14 — government agents are justified in using equivalent means. 7. Undercover ... Government Investigative Interest to Conduct the. Surveillance. 1. Purpose of the ... The motion included a request to preclude an entrapment defense. Mercado opposed the motion, and he proposed jury instructions on the elements of entrapment ... Nov 1, 1993 — Where one of the government's proposed instructions cites an instruction in a ... You were chosen as juror for this trial in order to evaluate all ...

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Colorado Jury Instruction - Entrapment - Evaluating Conduct of Government Agents